The 2004 Amendments to IDEA expand upon the 1997 reauthorization and include new requirements to ensure that LEAs provide parentally placed private school children with disabilities an opportunity for equitable participation in programs assisted or carried out under IDEA, the foundation of which is the consultation process.

The major provisions regarding children with disabilities enrolled by their parents in private, including religious, elementary and secondary schools are located in the statute at section 612(a)(10)(A) and in the regulations at 34 CFR §§300.130-300.144 and are summarized in the sections below. They concern:

This booklet is not intended to be a replacement for careful study of IDEA and the regulations, which are available at http://idea.ed.gov. A number of additional provisions found in the law and regulations but that are not covered in this booklet also affect parentally placed children with disabilities. Therefore, it is important for all stakeholders to be familiar with these provisions as well. They concern:

Requirement that state and local funds supplement, not supplant, the proportionate share of federal funds (34 CFR §300.133(d));

Arrangement for a bypass (if LEAs are barred by state law from providing services to private school students or if a public agency has failed or is unwilling to provide for equitable participation) (34 CFR §300.190);